What a recent court ruling means for cladding remediation liability under the Building Safety Act

Theresa mohammed bw 2018

The Court of Appeal has clarified the criteria by which the secretary of state should make decisions on liability for cladding remediation, and when developers might reasonably challenge them

Due to its infancy, all guidance on the new building safety regime is valuable to the construction industry and the recent decision of the Court of Appeal in R (on the application of Redrow plc) vs Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 651 has generated significant interest. It relates to an application by Redrow for judicial review of the secretary of state’s decision to allocate funds from the Building Safety Fund (BSF) for cladding remediation works on two high-rise buildings in Birmingham and raises issues as to the proper operation of the BSF.

Due to its infancy, all guidance on the new building safety regime is valuable to the construction industry and the recent decision of the Court of Appeal in R (on the application of Redrow plc) vs Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 651 has generated significant interest. It relates to an application by Redrow for judicial review of the secretary of state’s decision to allocate funds from the Building Safety Fund (BSF) for cladding remediation works on two high-rise buildings in Birmingham and raises issues as to the proper operation of the BSF.

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